The court converted its April 6, 2020 Temporary Restraining Order into a Preliminary Injunction, finding that petitioner Janet Malam was likely to succeed on the merits of her Fifth Amendment deliberate indifference claim. The court strongly rejected respondent’s framing of the public health risk: "Respondent turns a blind eye to the weight of public health evidence recognizing Petitioner’s release as the only reasonable response to an extraordinary and deadly pandemic.” The court also differentiated between this case and cases involving other illnesses where deliberate indifference was not found. The court further rejected the respondent’s argument that the petitioner’s criminal history showed she would not be able to comply with her release conditions since the respondent did not present evidence that there had been any issues since petitioner’s release pursuant to the TRO. All the same conditions remained in place on the parties.
Malam v. Adducci, No. 20-10829, 2020 WL 1899570 (E.D. Mich. Apr. 17, 2020)
DETAILS
Decision
Date
4/17/2020
Practice Area
Immigration
Relief Requested
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
1:20-cv-10829-JEL
MORE CASE INFORMATION
Court Name
E.D. Mich.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Calhoun County Correctional Facility
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
Other, § 2241 Habeas, 8 U.S.C. § 1226(c)
Release Conditions
Petitioner was subject to fourteen days of home quarantine; Petitioner must comply with all Michigan Executive Orders; Petitioner must appear at all hearings pertaining to her removal proceedings; Respondents may impose other reasonable nonconfinement terms of supervision. The conditions were to remain in place until the State of Emergency in Michigan (related to COVID-19) was lifted.
Convictions
Two larceny convictions; two retail fraud convictions; one attempted simple larceny conviction
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